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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2018


Regulatory Flexibility Act Form

Authenticated PDF Version

24 DE Admin. Code 3100
Pursuant to 24 Del.C. §3105(a)(1), the Delaware Board of Funeral Services has proposed revisions to its rules and regulations. Rules pertaining to cremation and crematoriums and inspection of funeral establishments are proposed to be added.
1.3 In accordance with 29 Del.C. §8807, the Division of Professional Regulation shall maintain and keep all records of licensed funeral directors in the State of Delaware issuing a number and date to each license.
1.5 In accordance with the Freedom of Information Act, 29 Del.C. §10004(c), the Division of Professional Regulation shall publish an agenda of all meetings which shall include the time, dates and places of said meetings and an agenda. The Board shall also give public notice of the regular meetings and its intent to hold an executive session closed to the public at least seven days in advance. However, the agenda may be subject to change to include additional items not on the agenda including executive sessions closed to the public which arise at the time of the Board's meeting.
2.3 The equivalent of an Associate Degree as that term is used in 24 Del.C. §3107 and herein is a certificate in mortuary science that required a minimum of thirty (30) semester credit hours. In addition to said certificate, sufficient semester credit hours earned from a regionally accredited institution of postsecondary education, so that the applicant has earned a total of at least sixty (60) semester credit hours, are required.
2.4 The Division, upon request of a registered intern or applicant seeking licensure via reciprocity, shall administer the State examination required by 24 Del.C. §3107(a)(3) based solely upon the laws and regulations of Delaware which may govern, impact on, and relate to the profession including preneed funeral service contracts, consumer protection law and regulations, and laws and regulations governing crematories and cemeteries. An applicant for full licensure, whether via initial or reciprocal licensure, shall be deemed to have successfully passed the state examination with a minimum grade of 70%. The national examination required by 24 Del.C. §3107(a)(2) may be taken before or during the internship.
2.5 As required by 24 Del.C. §3107(a)(4), an applicant other than one seeking licensure via reciprocity shall satisfactorily complete an internship of one year's duration in a licensed Delaware funeral establishment under the auspices of a licensed Delaware funeral service practitioner. In order for an applicant to apply for an internship, the applicant shall have certified on a form approved by the Board that he or she has graduated from an accredited high school or its equivalent, and has received an Associate Degree or its equivalent in mortuary science, consisting of sixty (60) credit hours, from a school fully accredited by the ABFSE or its successor. Satisfactory completion of an internship requires a minimum of twenty-five (25) embalming reports and four (4) completed quarterly work reports evidenced by a notarized statement by the sponsor. An intern may be given one extension of his or her internship for an additional year.
A licensed funeral director in the State of Delaware shall comply with all Federal Trade Commission Regulations governing the pricing of funeral services and merchandise and the method of payment for funeral services as defined under 24 Del.C. §3101(7). Upon the issuance of a funeral director's license, a licensed funeral director represents that he/she is familiar with all Federal Trade Commission rules and regulations and shall abide by the same. A licensee may be subject to discipline pursuant to 24 Del.C. Ch. 31, et seq. if these rules or regulations have been violated by the licensee.
4.1 The Board shall issue and renew establishment permits as provided in 24 Del.C. §3117. As used herein, an establishment is the building or structure where the practice of providing funeral services is conducted.
4.2 Unless exempt under 24 Del.C. §3101(6), the building in which funeral services are provided shall contain a room having the fixtures necessary for the care and preparation of human remains for funeral service, burial, entombment or cremation. Such fixtures include, at a minimum, embalming machine and table, aspirator, embalming instruments, embalming fluids, an operating drainage system, syringes, needles and surgical supplies and an operating ventilation system.
4.3 Unless exempt under 24 Del.C. §3117(a)(2), a funeral establishment shall have a licensed funeral director in charge full time therein.
4.3.2 A business operating in a funeral establishment since September 6, 1972 retains an exemption under 24 Del.C. §3117(a)(2) only so long as the record owner of the business does not change.
During any period a licensed funeral director's license has lapsed, been revoked or suspended by the Board in accordance with 24 Del.C. §§3111 or 3114, no other licensed funeral director in the State of Delaware may register death certificates or secure burial permits for the licensee whose license has been revoked, suspended or has lapsed. Nor shall the licensee whose license has lapsed, been revoked or suspended by the Board, be able to register death certificates or secure burial permits. The Board may notify the Division of Public Health, the Department of Health and Social Services, the Medical Examiner's Office or other appropriate state or federal agency that said funeral director is prohibited from practicing funeral services as defined by 24 Del.C. Ch. 31.
9.1.1 This rule is promulgated under the authority of 24 Del.C. §3105 which grants the Board of Funeral Services (hereinafter “the Board”) authority to provide for rules for continuing funeral services education as a prerequisite for license renewal.
9.4.3 Programs approved by the Academy of Funeral Service Practitioners (AFSP) are automatically approved and need not be submitted to the Board.
11.1.8 Manslaughter. 11 Del.C. §632.
11.1.14 Abortion. 11 Del.C. §651
11.1.21 Bestiality. 11 Del.C. §775
11.1.38 Felony theft. 11 Del.C. §841
11.1.41 Extortion 11 Del.C. §846
11.1.47 Forgery. 11 Del.C. §861
11.1.72 Hate crimes. 11 Del.C. §1304
11.1.75 Adulteration. 11 Del.C. §1339
12.1.1 "Advertise," "advertising," or "promotional medium" means the use of printed media, radio, television, billboards, the internet, stationary, contracts, price lists, calendars, fans, novelty items, or any other advertising method or medium.
"Certified Crematory Operator" means a natural person who has received official certification as a crematory operator from CANA, ICCFA or another officially recognized certification agency approved by the Board of Funeral Service.
"Cremated Human Remains/Cremains" means all particulate matter of a deceased human body following the cremation and subsequent mechanical pulverization of said remains.
"Cremation Process" means the procedure necessary to render a human remains to a particulate and ash consistency using extreme heat, cold, direct fire or any other type of thermal process.
"Cremator/Retort" means the mechanical combustion chamber in which cremation of a deceased human body takes place.
"Crematory/Crematorium" means a facility which houses the mechanical equipment and appurtenances used during the cremation of a deceased human body.
"Offsite crematory/crematorium" means a facility which houses the mechanical equipment and appurtenances used during the cremation of a deceased human body and is not located within the confines of a funeral establishment or adjacent to the funeral establishment.
"Onsite funeral home crematory/crematorium" means a facility which houses the mechanical equipment and appurtenances used in the cremation of a deceased human body when the facility is located within the confines of funeral establishment or adjacent to the funeral establishment.
Last Updated: December 31 1969 19:00:00.
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